Fair Housing

Question 1

Civil Rights Act of 1866

Answer 1

Prohibits discrimination based on race in every property transaction

Question 2

Plessy versus Ferguson basics

Answer 2

1896. Involved segregated railway cards upheld racial segregation in public facilities separate but equal doctrine

Question 3

Plessy versus Ferguson court decisions between 1948 and 1968

Answer 3

Attempt to address any qualities in the provision of public housing and other services that were a result of Plessis but only certain aspects of the housing market such as federally funded housing programs could be addressed

Question 4

Brown versus board of education

Answer 4

1954. Overturn plus he held that separate schools are black and white students were inherently unconstitutional

Question 5

Jones versus Mayer

Answer 5

1968. Hell that there was a constitutional basis for the civil rights act of 1866 and the 13th amendment to the U.S. Constitution, which prohibits discrimination in the sale or rental of publicly or privately held property weather facilitated by a real estate professional or sold or rented by the owner we’re race is involved no exceptions apply

Question 6

Expansion of US Supreme Court definition of word race

Answer 6

Expanded to include physical cultural or linguistic traits shared by a group of, national origin
As a result discrimination on the basis of race as now to find allows a complaint to be brought under the provisions of the civil rights act of 1866

Question 7

Hannah versus Sibcy Cline realtors

Answer 7

2001 Ohio case. What are real estate professional has a fiduciary duty to inform client weather in neighborhood is ethnically diverse or directed client to resources that provide such information

Question 8

Hannah versus Sibcy Cline realtors conclusion

Answer 8

The risk is the real estate professional may be accused of illegally staring a client to a particular neighborhood based on racial ethnic or other protective characteristics of its residents

Question 9

1968 passage of title eight of the civil rights act of 1968

Answer 9

A.k.a. the fair housing act prohibiting discriminatory practices throughout the real estate industry

Question 10

Amendments leading to fair housing act

Answer 10

Title eight of the civil rights act of 1968 amended by the housing and community development act of 1974 and the fair housing amendments act of 1988 created the fair housing act

Question 11

FHA protected classes

Answer 11

Prevents discrimination based on race color national origin religion sex familial status or disability.
Also prohibits against individuals because association with the protected classes

Question 12

When was sex added as a protected class under the FHA

Answer 12

The housing and community development act added sex.

Initially prohibit discrimination was based on race color religion and national origin

Question 13

When was disability added as a protected class under the fair housing act

Answer 13

Added by the fair housing amendments act. An exception was made for housing for individuals 55 and older. Also change the penalties and violations the law to make it more severe with the rights to seek damages

Question 14

Housing for older persons act

Answer 14

Passed in 1995 by Congress. Repealed the requirements that Housing intended for 55 and older have significant facilities and services designated for seniors. Requires 80% of occupied units to have one person 55 and older living in them. Prohibits the awarding of monetary damages against those who reasonably believe the property designated as housing for older persons was exempt from familiar status provisions of the FHA

Question 15

FHA and HUD

Answer 15

HUD Establish rules and regulations that further interpret the practice is affected by the law. Distributes an equal housing poster Declaring that it promises to adhere to the FHA and support affirmative marketing and advertising

Question 16

Dwelling

Answer 16

Any building or part of a building designated for occupancy as a residence by one or more families

Question 17

Types of dwellings

Answer 17

Include single-family house, condos, and co-ops,

Manufactured, or factory built houses. Vans land on which structures will be built

Question 18

Family familial status

Answer 18

Can be as small as a single individual. Defined as one or more individuals under the age of 18 living with the parent or guardian. Also includes a pregnant woman and anyone who is in the process of assuming custody of a child over 18

Question 19

Disability

Answer 19

Physical or mental impairment that substantially limits one or more persons major life activities

Question 20

General disability requirements

Answer 20

Record of impairment or being regarded as impaired. Unlawful to discriminate against disabilities. People with aids are protected.

Question 21

Disabilities and controlled substances act

Answer 21

Illegal drug addiction to a controlled substance is not included as a disability

Question 22

Reasonable accommodations by landlords examples

Answer 22

Guide dogs, modifications such as railing and doorhandles. Landlord can negotiate requirements for the tenant to pay into an interest-bearing account over a reasonable period of time and interest accrues to the benefit of the tenant.

Question 23

Unit requirements for modifications

Answer 23

More than four units and common areas must have accessible doors for wheelchairs. Also includes light switches thermostats and bathrooms. Ground floor units without an elevator must be requirements. State and local laws we have stricter standards

Question 24

FHA exemptions

Answer 24

Owner occupied buildings with no more than four units and Single-family housing sold or rented without the use of a real estate professional, or housing operated by an organization or Private club that limits occupancy to members

Question 25

Protections for housing operated by an organization or private club

Answer 25

Religious organizations restrict people to the same religion but may not on the basis of color race or national origins the same for private clubs

Question 26

Housing for older persons act requirements

Answer 26

Certain properties can be restricted to occupancy by older people. Housing for people 62 hour plus or occupied at least one person 55 or older per unit were 80% of the units are occupied by people 55 and older is exempt from familial status protection

Question 27

Housing for older persons exception to familial protection

Answer 27

Housing facilities such a senior housing typically will allow temporary occupancy is younger visitors for overnight or up to two weeks per year

Question 28

Americans with disabilities act

Answer 28

Requires reasonable accommodations and employment and access to goods services in public buildings.

Question 29

ADA goals

Answer 29

To enable individuals with disabilities to become a part of the economic and social main stream of society

Question 30

ADA title one

Answer 30

Requires employers including real estate professionals make reasonable accommodations unable to purse with disabilities to perform essential job functions

Question 31

ADA title one requirements examples

Answer 31

Must make the work site accessible, restructuring the job, providing flexible work schedules, modify equipment to be used on the job, applies to employer with 15 or more employees

Question 32

ADA title three requirements

Answer 32

Requires full access to businesses goods and public services for people with disabilities. Building owners must stay alert to ensure the obstacles are removed. The ADAAG provides guidelines

Question 33

ADAAG

Answer 33

Americans with disabilities accessibility guide. Detailed specifications for parking spaces curbs ramps elevators drinking fountains toilets and directional signs to ensure maximum accessibility

Question 34

Real estate professional and ADA guidelines role

Answer 34

Unless a real estate professional is a qualified ADA expert it is best to advise commercial clients to seek services of an attorney architect or consultant who specializes in ADA issues

Question 35

1999 US Supreme Court limitations

Answer 35

Limited the definition of persons with disabilities protected by the ADA to exclude individuals with disabilities such as nearsightedness that can be corrected

Question 36

ADA exemptions under FHA

Answer 36

Exempt from its requirements properties covered under the FHA which already prohibits discrimination on the basis of disability and property that is exempt from coverage by the FHA such as housing for those 55 and older

Question 37

Example of property is covered under ADA and FHA

Answer 37

In apartment complex rental office it’s covered under the ADA and must be accessible at owners expense. Individual units will be covered by the FHA someone who wishes to modify the unit to make it accessible would be responsible for the cost

Question 38

Wells versus state manufactured homes

Answer 38

2005. Landlord on with the owner of a manufactured housing community to move because of no pet provision. Landlord refused to make reasonable accommodations for emotional disability. Fouts it under the ADA an FHA. Court held there was no violation of FHA or ADA

Question 39

Block busting

Answer 39

Active encouraging people to sell or rent their homes by claiming that the entry of a protected class of people into the neighborhood would have a negative impact on property values

Question 40

Another name for blockbusting

Answer 40

Also called panic selling. The property owner may be intimidated to sell for depress price and the blockbuster interns sell the property to another person for more

Question 41

Steering

Answer 41

Channeling of home seekers to a particular neighborhood or discouraging potential buyers from considering some areas